it would have "no influence over either the sword or the purse; no direction of the strength or of the wealth of a society; and can take no active resolution whatever."
Sword: executive
Purse: legislative
It is emphatically the province and duty of the judicial department to say what the law is."
Who is the plaintiff in a case? Who is the defendant?
Plaintiff: is a party who files a complaint alleging wrongdoing on the part of a defendant,
Defendant: who must either admit to the wrong or defend against the accusation.
What are the different types of cases?
Civil Case: plaintiff brings a lawsuit, usually seeking monetary damages for an injury that occurred as a result of the defendant's actions.
Criminal Case: the government prosecutes someone for allegedly committing a crime
What is jurisdiction?
the authority of a court to hear and decide a case
What is standing?
a requirement for a court to hear a case in which a party must have suffered, or will soon suffer and injury
Be sure to understand the "case or controversy principle"
a principle of jurisdiction that there must be some conflict for a federal court to hear and decide a case
What is a political question?
cases may be dismissed if the issues they present are regarded as extremely "political" in nature.
Why doesn't the judiciary answer political questions?
because it will likely to draw the courts into a political battle with the executive or legislative branch or are simply more amenable to executive or legislative decision making.
What is stare decisis? What role does it play?
"stand by decided matters" which states that under similar facts, court should follow the precedent established by other (and higher) courts.
Which article of the Constitution establishes the constitutional basics of the federal judiciary?
Article 3
What does article 3 say about the Supreme Court? Lower Courts?
the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish
What protections are given to federal judges?
They serve life time sentences unless they get impeached by 2/3 votes in congress
What is the basic hierarchy of the federal judiciary?
Supreme Court
Court of Appeal
District Court
Specialized Court
What is the process for nominating and confirming a federal judge?
president nominates a judge
the senate has a Judiciary Committee where they conduct a background check, ask questions then submit votes to the Senate.
What role does the Senate play?
the Senate must give its "advice and consent" to presidential nominations to the federal courts.
What is senatorial courtesy?
Senators from president's political party exerts influence on selection of judicial candidate from their state
How can a federal judge be removed?
1. the House of Representatives must approve one or more articles of impeachment by at least a majority vote.
2. Then, a judge must be convicted by a vote of at least two-thirds of the Senate.
What are the steps of a case before the Supreme Court (starting with a writ of certiorari ending with opinions)?
Granted writ of certiorari (voted by at least 4 judges)
Lawyers for both sides submit briefs, as do "friends of the courts"
The Court holds oral arguments in which lawyers from both sides appear before the Court to make statements and answer questions from the bench
The justices meet in private where they vote on how the case should be decided and determine who will write the Opinion of the Court
What are the differences between judicial activism and judicial restraint?
Judicial Activism: more like to support expansion of the Court's jurisdiction and powers and are more likely to embrace innovative constitutional doctrines; less likely to follow precedent
Judicial Restraint: prefer showing restraint by the Court in letting the political branches to decide most questions and follow precedent more strictly
What are the different constraints on the judiciary?
If Congress disapproves of judicial decision, it may be able to override that decision through a simple statute, or through constitutional amendments
Shared presidential-senatorial appointment power
